My wife and I have been married for just over 3 years and this is our 2nd separation, though last time we just moved to separate living facilities, but she continually claimed we weren’t separated since I never filed for separation. After 9 months of living separately, we gave it one last shot and now, just over 4 months together, we just moved out. But, do I have to file for separation? Or can I just wait the year and 2 or so days and file for divorce after that? Everything we own have been separated and tomorrow we sign at the bank to take my name off her lease and title for her car and we have no children. I have a copy of my lease agreement showing we ended our lease together on what day with both our signatures and I’'ll have the paperwork from the USPS for my forwarding address change. I am 26; She is 23.
You do not file for separation, that is not a legal process. You simply need to file for divorce a year and a day after your date of separation. The date of separation you will reference is the date at which you began living in separate residences, with the intent to separate permanently. She could contest the date of separation, at which point you would provide the documentation you have mentioned.
Hello and thank you very much for your reply. I’ll be stopping by, just before my year is up to be sure I have everything in order, prior to filing.
However I was informed I could file separation online. Is that true and, if so, where? I have my lease, so worst comes to worse, just use that as documentation. But, would like to file, just to have all my i’s dotted and t’s crossed.